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Criminal Law

: Fourth Amendment

CA11: Defendant's arrest effectively vacated motel room where manager already said he wanted the guest's guest out too and she left

By John Wesley Hall, Jr.

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Motel employees conducted a valid search of the defendant's vacated room where he was arrested on a warrant while police were investigating drugs and he would not be back before the room rental expired, and his own guest had, at the motel's request, vacated the premises. The manager went back into the room and checked it completely a second time finding meth hidden in a tissue box. United States v. Mercer, 2008 U.S. App. LEXIS 18511 (11th Cir. August 28, 2008).* Reasonable suspicion was evident for defendant's stop by police where the vehicle was already stopped at a rest area within one mile of the Mexican border and the desert off-road vehicles were off-loaded from the defendant's vehicle. United States v. Macias-Encinas, 2008 U.S. App. LEXIS 18353 (9th Cir...continue to full post

Full post as published by Fourth Amendment on August 30, 2008 (boomark / email).

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